Death off the table in bus driver killing

Prosecutors will not seek the execution of the man accused in the 2011 slaying of a SCAT bus driver.

Karen Fraivillig, assistant state attorney, informed the judge and defense attorneys Wednesday of the decision.

“State is taking the death penalty off the table,” Fraivillig said. “Our aim is to abandon the death penalty and to go forward on a first-degree murder case without seeking the death penalty.”

If convicted of first-degree murder, Charles Hill, 33, will receive a mandatory sentence of life in prison.

Hill has spent nearly two years in the Sarasota County jail awaiting his trial in the death of James Brotherton, who was found dead on Nov. 21, 2011, in front of the Gulf Gate Library. He was lying in a pool of blood, with a single gunshot wound to his back, according to the Sarasota County Sheriff's Office.

Hill was arrested shortly after tipsters identified him in video footage that was released to the public showing Brotherton and the suspect.

The case, which also includes charges of kidnapping and robbery, will move forward with jury selection on Monday and Tuesday. Presentation of evidence will begin the following week to accommodate Brotherton's nine siblings, who will be traveling from out-of-state to attend the trial.

Fraivillig would not discuss the state's reasoning for dropping the death penalty. Hill's defense attorneys said Fraivillig's announcement in court was the first they heard of the state's decision.

“He has entered a not guilty plea, and he wishes to go forward with his trial,” Jerry Meisner, public defender, said after conferring with Hill.

The defense declined to comment further on the case.

Hill made an unusual decision in August when he notified his attorneys that he would not allow them to present evidence against the death penalty or ask questions that would undermine prosecutors' evidence in favor of execution.

Hill's waiver is now moot.

Fraivillig declined to comment on whether Hill's choice to waive mitigation factored into the state's decision. She did say that she discussed the matter Tuesday with Brotherton's family.

Because of the new developments, Hill's trial process will change.

In death penalty cases, potential jurors must be questioned about their stance on capital punishment. Instead, the jury pool will only be screened based on hardships and knowledge of the case from pre-trial publicity, significantly decreasing the time it likely will take to select a 12-person jury.

Once the jury renders a verdict — not guilty, guilty of first-degree murder or guilty of a lesser charge — the case will proceed to sentencing.

In a death penalty case, the trial would move to a second phase in which the jury would recommend life imprisonment or death.

She also ordered that the alleged murder weapon found in a garbage can on Hill's property would be admissible in court. Public defender Carolyn Schlemmer argued Tuesday that the can was not lawfully included in the restrictions of the executed search warrant.

Following jury selection next week, Hill's trial is set to begin on Oct. 7.